Law library · Sierra Leone · Tariff Act 1978 is amended by deleting tbe rate indicat€d under
Section 18, Tariff Act 1978 is amended by deleting tbe rate indicat€d under
Status not yet checkedTariff Act 1978 is amended by deleting tbe rate indicat€d under, Sierra Leone
Section I ofthe Extractive Industies RevenueAct 2018 is Amendmcnlamencted by inserting the following new definition irnmediatav aner nf
f;*j'fi" I
the words "revenue law" I I of 2ott.
"royalty tetum" qreans a retum, including an anended'
returD, that a taxable person is required to lodge under this
Act, or any other enactrnent relating to fre adninistration
ofthis Act.
t9. S€rtion 43 ofthe ExtractiYe IndusEies RevenueAct 2018 is Amendmcnt
amended by inserting the following new subsection (5) immediately o[ secxon {3
after subsection (4) of 2018.
"(5) A person who ftils to file a myalty rcom by the
due date shall be liable to pay a penahy equal to
the greater of-
(a) k100,000;cr
O) l0% of the royalty amount payable for the
period to \Yhich the retum relates. for each
month iD which the relurn lemaiDs
omstanding, until the rctum is filed or an
ass€ssmeDt is issued in respect of the period
to which the retum relates.
20- The Firsl Schedule of the Exractive Industries Revenue
Acr 2018 is amended by repealing and replacing paragraph I with the
following new paragraPh-
" I .( I ) Subject to paragraPh (2), the following shall be
the royalty rates for minerals-
(a) in the case ofminerals obtained pusuant to
an artisanal and smatl-scale mining licence-
?: No, I The Finance Act, 2024
@ 37i, for precious stones other than
special stones;
(D E7o for special stones;
(iif I % for gold; and
(iv) 370 for other cases, including bulk
minerals."
(b) in the case ofminerals obtaiDed prrsuant to
mineral rights o&er than artisanal and smallscale mining licence-
(i) 6.59'o for precious stones other than
special stones;
(D 87o for special stones;
liif 57i, forprecious metals; (including gold)
(iv) 3% for otber cases, including bulk
minerals."
Provided the exporter ofthe minerals in sutr'paragraph ( I XaXiii) shall
make prior commitrnent to the National Minerals Agency and Bank
ofsierra Leone to repatriate lhrough lhe commercial banking system,
I 00% ofthe export proceeds within a period of45 days &om the day
ofexport
Amcrdmenr 21. Paragraph 2 ofthe First Schedule of&e Extractive
of First lDdustries Revenue Act, 2018 is repealed and replaced by the
HT,:: ii " rollowing new pa-agraph-
2018.
"(l) Subject to the remainder ofrhis ParagraPh, the market
value of minerals obtai.ned is-
2024 23
No. I The Findnce Act,
(a) the realised gross price (without discount'
commission or deduction) for a sale freeonboard (fob) at th€ point of export Aom
Siera Leone or at the point ofprocessing or
tlelivery within Sierra l-eone, as tbe case
requires; and
(b) deterrnined bY using-
@ the actual terms ofsale: or
(D in the case of a transaction between
associated Persons or where the
minerals are not sold within l2 months,
using the arm's length standard as
prescribed by section 95 ofthe Income
Tax Ac! 2000 (Act No- 8 of2000)'
p) The market value of a precious stone shall be
(a) based on the curent market prices for
wholesale rough precious stones of that
nafure; and
{b) determined as the highest of t}e values
ascribed to tlle precious stone on evaluation
by-
0 the mineral right holder;
(ii) the Govemment e!'aiuators; and
(iif an independent evaluator.
(3) The market value ofgold shall be the weekly average
ofthe l-onion PM Fix Price ofthe l-ondon Bullion Market Association
in United States Dollars p€r fine troy ounce for the week in *'hich the
gold is obtained.
24 No. 1 The Finance Act, 2021
(4) The market valu€ ofprecious melals (ot}rcr than gold)
and bulk minerals shall be detemrined as the higher ot--
(a) the anount referred to in subparagrapir (1);
and
(b) 97 percent of the average of relevant
interiational reference prices for the period
in which the minerals are obtained as
determined in accordance with subparagraph
(s).
(5) For the purposes ofsubparagraph (b) ofparagrapb 4-
(a) an intemational reference price for a mineral
(other than gold) shall be determined using
the following indiccs:
@ S&P Global;
(ii) t ondon Metal Exchange;
(iD Asian Metal;
(iv) Commodity and Derivative Exchanges;
and
(v) Bloomberg; and
(b) regulations may-
0) add to or subtr.act from the list in
subparagraph (a);
(if specify the period to be used for pricing
a panicular mineral or terms for using a
particular index; aad
No. I The Finance Aa, 202t 5
(iii) incorporate other rules for determining
the avenge and amount of releva[t
intemational reference prices.
(Q Where minerals (olher than precious slones or
precious metals) shall be supnlied under a contract over a period
exceeding one year-
(a) tbe method for determining the value of
minerals to produce a result in accordance
with subparagraph (l) may be ag:eed with
lhe Commissioner General, in consultation
with the Minisrer responsible for finance and
the National Minerals Ageucy (advance
pricing agreement); and
(b) the agreement referred in sub paragraph (a)
shall be issued in accordalce with section 8
of the Income Tax (Transfer Pricing)
Regulations 2021 .
FINANCE ACT 2OI9
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